Skip to main content
The Provincial Court Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1993, c. 37

The Provincial Court Amendment Act

(Assented to July 27, 1993)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C275 amended

1           The Provincial Court Act is amended by this Act.

2           The following is added after section 3.1:

Part-time judges

3.2(1)      The Lieutenant Governor in Council may, on the recommendation of the Chief Judge, appoint any person to act as a judge on a part-time basis, and may determine the remuneration that is to be paid to the person or the manner in which the remuneration is to be determined.

Restrictions on appointment

3.2(2)      No person may be appointed to act as a judge on a part-time basis unless

(a) the Lieutenant Governor in Council is satisfied that there is a demonstrated need for the appointment of a part-time judge;

(b) the person was appointed as a judge under this Act in the past; and

(c) the term of the appointment does not exceed five years and is not renewable.

Restrictions on practice

3.2(3)      A person who is appointed as a judge on a part-time basis shall not

(a) practise law in The Provincial Court in addition to his or her judicial duties; or

(b) hear a case in which a person with whom he or she practises law is involved as counsel, as a party or as a witness.

Transitional

3           Every person who is serving as a judge of The Provincial Court on a part-time basis, on the day on which section 3.2 of The Provincial Court Act as enacted by section 2 of this Act comes into force, is deemed to have been appointed under section 3.2, provided that he or she meets the requirements of subsection 3.2(3), and his or her term of office expires on March 31, 1998 and is not renewable.

Coming into force

4           This Act comes into force on the day it receives royal assent.